Sex Crimes

There are many crimes in California that fall under the heading of sex cases. These cases involve technicalities that are best handled by experienced criminal law attorneys who are capable of providing a vigorous defense to all of their clients no matter what the crime is they stand accused of committing.

Rape is a common sex crime. There are four different categories of rape: rape of a non-spouse, spousal rape, forcible rape in concert (acting with another to commit rape), and statutory rape.

Rape in general is an act of sexual intercourse with a person without that person’s consent. Therefore, in most rape cases the main issue that will be dealt with is that of whether or not consent was actually given, if so, how that consent was actually given, whether it was voluntary or forced as a result of duress. Rape requires that a victim be alive. It may be hideous and disgusting to have sexual intercourse with a corpse, but it is not rape because it is not infringing on a person or feelings. Furthermore, the rape victim does not need to offer proof of chastity. This means that if a prostitute says ‘no,’ the answer is no, and any intercourse forced upon the prostitute will be considered rape. To a limited degree however, prior un-chastity on the part of the victim is allowed to be admitted into evidence. Evidence and all other issues in these cases are best left in the hands of qualified attorneys. Contact the Pensanti & Associates Law Firm for a free consultation today.

Statutory rape exists where a sexual intercourse takes place between a minor and a person over the age of 18. Generally these are strict liability laws. This means that even if there was consent between the parties, the party that is not the minor can still be held criminally accountable for rape. The person being accused of statutory rape does have the opportunity to argue that there was a mistake as to the age of the minor. However, the prosecution does not have to present as part of their case that there was no mistake of age. The mistake of age argument must come from the defendant. Statutory rape does not exist where the minor is married to the adult with whom there is consensual sexual intercourse.

Spousal rape exists where one spouse has sexual intercourse against the other’s will. Spousal rape will exist where force or threat of force is used to coerce sex, where one spouse threatens death or unlawful bodily injury on another person, where the victim is drugged and therefore prevented from resisting intercourse, and the threats of retaliation for non-consent if there is a reasonable possibility that the threat will be executed.

Prostitution is the practice of engaging in common, indiscriminate sex for hire. It is a crime to solicit or agree to engage in any act of prostitution. Prostitution includes any lewd act between persons for money or other forms of consideration.

Pimping is a felony that consists of the exploitation of a prostitute for commercial gain. The crime of pimping takes place when a person, knowing that another person is a prostitute, derives any money from the proceeds of the prostitute’s acts of prostitution. It is not necessary for the pimp to take money directly from the prostitute. The pimp can just as easily take money from the John instead.

There are numerous other sex crimes that are related to the crimes explained above. Some of those crimes involve the solicitation of prostitution, sodomy, oral copulation, sexual battery, and lewd acts with a child under 14. These crimes all involve complicated and technical details that are best handled by experienced defense attorneys.

Another matter related to sexual crimes is that of Megan’s Law and the registration of sex offenders. While many sex crimes do require sex offender registration, this is not always the case. Lawyers who specialize in this field can effectively challenge the registration requirements in some cases.

Being charged with any sex crime is very serious. The penalties can have an effect for a lifetime. Do not trust your case to just any attorney. Call our offices immediately for a free case evaluation from Pensanti & Associates Law Firm. Contact Pensanti & Associates NOW for a free evaluation.